BILL NUMBER: SB 1293	CHAPTERED  09/29/00

	CHAPTER   831
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 14, 2000
	AMENDED IN ASSEMBLY   JULY 3, 2000
	AMENDED IN ASSEMBLY   JUNE 19, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000
	AMENDED IN SENATE   JANUARY 11, 2000
	AMENDED IN SENATE   JANUARY 3, 2000
	AMENDED IN SENATE   JUNE 23, 1999
	AMENDED IN SENATE   MAY 18, 1999
	AMENDED IN SENATE   MAY 6, 1999

INTRODUCED BY   Senator Chesbro
   (Principal coauthors:  Assembly Members Granlund and Wiggins)
   (Coauthor:  Assembly Members Baugh and Calderon)

                        FEBRUARY 26, 1999

   An act to add Section 25241 to the Business and Professions Code,
relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1293, Chesbro.  Alcoholic beverages:  Napa  County wine.
   Under existing law, the Department of Alcoholic Beverage Control
regulates the licensing, enforcement, and administration of the
alcoholic beverage control laws.
   This bill would provide that no wine that is produced, bottled,
labeled, offered for sale, or sold in this state may use, in a brand
name or otherwise, on any label, packaging material or advertising,
the name "Napa," any viticultural area appellation entirely within
Napa County, or any similar name, as specified, unless the wine meets
certain federal regulatory standards for appellation of origin in
Napa County.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25241 is added to the Business and Professions
Code, to read:
   25241.  (a) (1) The Legislature finds and declares that for more
than a century, Napa Valley and Napa County have been widely
recognized for producing grapes and wine of the highest quality.
Both consumers and the wine industry understand the name Napa County
and the viticultural area appellations of origin contained within
Napa County (collectively "Napa appellations") as denoting that the
wine was created with the distinctive grapes grown in Napa County.
   (2) The Legislature finds, however, that certain producers are
using Napa appellations on labels, on packaging materials, and in
advertising for wines that are not made from grapes grown in Napa
County, and that consumers are confused and deceived by these
practices.
   (3) The Legislature further finds that legislation is necessary to
eliminate these misleading practices.  It is the intent of the
Legislature to assure consumers that the wines produced or sold in
the state with brand names, packaging materials, or advertising
referring to Napa appellations in fact qualify for the Napa County
appellation of origin.
   (b) No wine produced, bottled, labeled, offered for sale or sold
in California shall use, in a brand name or otherwise, on any label,
packaging material, or advertising, any of the names of viticultural
significance listed in subdivision (c), unless that wine qualifies
under Section 4.25a of Title 27 of the Code of Federal Regulations
for the appellation of origin Napa County and includes on the label,
packaging material, and advertising that appellation or a
viticultural area appellation of origin that is located entirely
within Napa County, subject to compliance with Section 25240.
   Notwithstanding the above, this subdivision shall not grant any
labeling, packaging, or advertising rights that are prohibited under
federal law or regulations.
   (c) The following are names of viticultural significance for
purposes of this section:
   (1) Napa.
   (2) Any viticultural area appellation of origin established
pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the
Code of Federal Regulations that is located entirely within Napa
County.
   (3) Any similar name to those in paragraph (1) or (2) that is
likely to cause confusion as to the origin of the wine.
   (d) The appellation of origin required by this section shall meet
the legibility and size-of-type requirements set forth in either
Section 4.38 or Section 4.63 of Title 27 of the Code of Federal
Regulations, whichever is applicable.
   (e) Notwithstanding subdivision (b), any name of viticultural
significance may appear either as part of the address required by
Sections 4.35 and 4.62 of Title 27 of the Code of Federal
Regulations, if it is also the post office address of the bottling or
producing winery or of the permittee responsible for the
advertising, or as part of any factual, nonmisleading statement as to
the history or location of the winery.
   (f) The department may suspend or revoke the license of any person
who produces or bottles wine who violates this section.  Following
notice of violation to the person in possession of the wine and a
hearing to be held within 15 days thereafter, if requested by any
interested party within five days following the notice, the
department may seize wine labeled or packaged in violation of this
section regardless of where found, and may dispose of the wine upon
order of the department.  From the time of notice until the
departmental determination, the wine shall not be sold or
transferred.
   (g) This section applies only to wine which is produced, bottled,
or labeled after January 1, 2001.
